Tennessee Attorney General Jonathan Skrmetti and Arkansas Attorney General Tim Griffin are leading a coalition of 17 states in a lawsuit challenging a new Equal Opportunity Commission (EEOC) policy mandating workplace abortion accommodations through an illegal interpretation of the Pregnant Workers Fairness Act (PWFA).
The PWFA, which passed Congress in 2022, ensures that pregnant women in the workplace receive accommodations to protect their unborn children as well as themselves. Under the rule, pregnant workers, and women who experience miscarriages and stillbirths are entitled to time off, among other things.
However, the commission decided to include abortion accommodations as part of the rule. According to the Associated Press, the language means that workers can ask for time off to obtain an abortion and recover from the procedure. Under this statute, If employers do not comply with abortion accommodations, they could face a federal lawsuit.
“This is yet another attempt by the Biden administration to force through administrative fiat what it cannot get passed through Congress. Under this radical interpretation of the PWFA, business owners will face federal lawsuits if they don’t accommodate employees’ abortions, even if those abortions are illegal under state law. The PWFA was meant to protect pregnancies, not end them," Arkansas Attorney General Tim Griffin told Townhall in a statement.
“Congress passed the bipartisan Pregnant Workers Fairness Act to protect mothers-to-be and promote healthy pregnancies, and the EEOC's attempt to rewrite that law into an abortion mandate is illegal,” Tennessee Attorney General Jonathan Skrmetti added in a statement. “I’m proud to lead the coalition fighting to protect the rule of law against this unconstitutional federal overreach.”
The Tennessee attorney general’s office noted that If the EEOC’s rule stands, the state of Tennessee, the co-plaintiff States, and many others would be required to allocate resources to support workers’ elective abortions or face federal suit. This would apply even if illegal under state law. As Townhall reported, many states enacted groundbreaking life-affirming measures after the United States Supreme Court overturned Roe v. Wade.
Other states involved in the lawsuit include Iowa, Missouri, Florida, Nebraska, Georgia, Indiana, Idaho, Kansas, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Alabama.